Per the notice below, the New York State Department of Health (NYSDOH) has updated its controlled substance prescribing rules to conform to the United States Drug Enforcement Administration (DEA) regulations on extending its telemedicine flexibilities.

Department of Health

Prescribing Controlled Substances Using Telemedicine Upon Expiration of the Federal COVID-19 Public Health Emergency

Updated November 2024

Following the end of the federally declared public health emergency due to COVID-19, it is necessary for New York State patients to maintain access to medically necessary controlled substance medications, including through the use of telemedicine.  Pursuant to 10 NYCRR 80.63(d)(1), no controlled substance prescription shall be issued prior to the examination of the patient by the practitioner, except in limited circumstances.  Please keep in mind that this examination may be conducted through telemedicine, provided that practitioners are in compliance with the Drug Enforcement Administration (DEA) rule entitled "Third Temporary Extension of COVID-19 Telemedicine Flexibilities for Prescription of Controlled Medications."  In addition to this requirement, practitioners must comply with all other applicable Federal and State laws, including New York State regulations for consulting the Prescription Monitoring Program (PMP) Registry when writing prescriptions for Schedule II, III, and IV controlled substances, and the use of electronic prescribing.